Sterling v. Van Cleve
Supreme Court of New Jersey
. This was a rule to shew cause why a prior execution in favor of Thomas 0. Sterling, against Joseph W. Van Gieve, should not be postponed until a subsequent execution against the same defendant, in favor of Westley P. Hunt, should be first satisfied.
Read the full summary
. This was a rule to shew cause why a prior execution in favor of Thomas 0. Sterling, against Joseph W. Van Gieve, should not be postponed until a subsequent execution against the same defendant, in favor of Westley P. Hunt, should be first satisfied. The following state of the case was agreed upon by the attorneys of the parties, viz: That in the term of May, in the year of our Lord one thousand *eight hundred and twenty-six, a judgment was entered in the Supreme Court in favor of Thomas 0. Sterling against Joseph W. Van Cleve, for the sum of $2,662 and four dollars costs. That on the…
1Opinion of the CourtEwing, C. J.
The controversy in this case is between two execution creditors, each claiming the proceeds of the sales of the goods and chattels of their debtor. The sales were made under both executions, the one of which was an alias fieri facias in favor of Sterling delivered to the sheriff in the afternoon of the 26th of October, 1829, and the other was a fieri facias in favor of Hunt delivered to the sheriff after-wards in the evening of the same day. Hunt insists that the execution of Sterling is to be postponed until his execution, though second in delivery, is first satisfied; because acts done by…
2Cited by2 opinions
- In re C. Lewis Lavine, Inc.District Court, D. New Jersey · 1941
- Greene v. SahlinNew Jersey Superior Court Appellate Division · 1961